MLD Mortgage Inc. v. Veracka
| MLD Mortgage Inc. d/b/a The Money Store and MLD Mortgage Inc. doing business as The Money Store |
| Denise Veracka |
| 2:2023cv00482 |
| January 23, 2023 |
| US District Court for the Eastern District of New York |
| Joanna Seybert |
| James M Wicks |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on February 8, 2023. A more recent docket listing may be available from PACER.
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Filing 8
STIPULATION/ORDER of Remand to State Court to Supreme Court of the State of New York, County of Nassau, Index No. 618281/2022. The Clerk of Court is directed to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 2/8/2023. C/ECF (CV)
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| Filing 7 STIPULATION re #1 Notice of Removal, to remand proceeding back to the Supreme Court of the State of New York, County of Nassau by MLD Mortgage Inc. (Frank, Keith) |
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ELECTRONIC ORDER denying without prejudice to renew #4 Motion for Pre-Motion Conference. In its opposition to Defendant's pre-motion conference request ("PMCR"), Plaintiff asks for this case to be remanded, arguing, inter alia, Defendant is a New York resident and removal is improper pursuant to 28 U.S.C. 1441(b)(2). (Opp'n, ECF No. #5 .) The Court does not have a PMCR requirement for motions to remand and directs Plaintiff to file a formal motion on notice on or before March 2, 2023, unless the parties can amicably resolve this issue. Should the parties agree to remand, they must file a stipulation to that effect by March 2, 2023 as well. Accordingly, Defendant's PMCR regarding a motion to dismiss (PMCR, ECF No. #4 ) is denied without prejudice to renew should this case not be remanded. Ordered by Judge Joanna Seybert on 1/31/2023. (DW)
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Filing 6
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held February 21, 2023, at 9:30 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than February 14, 2023. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 1/30/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (DF)
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| Filing 5 RESPONSE in Opposition re #4 MOTION for pre motion conference regarding Defendant's anticipated Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) filed by MLD Mortgage Inc.. (Lisi, Gregory) |
| Filing 4 MOTION for pre motion conference regarding Defendant's anticipated Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) by Denise Veracka. (Spagnolo, Victoria) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) |
| Filing 1 NOTICE OF REMOVAL by Denise Veracka from Supreme Court of the State of New York, County of Nassau, case number 606912/2022. ( Filing fee $ 402 receipt number ANYEDC-16334687) Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: #1 Certificate of Service, #2 Civil Cover Sheet, #3 Exhibit A - Summons and Complaint) (Spagnolo, Victoria) Modified on 1/24/2023 (LJ). |
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